Personal Injury: When should I contact a Solicitor after having an accident

The limitation period

In the courts of England and Wales you have three years from the date of your accident to make a claim and either settle your claim or issue your claim to the courts, this is referred to as the “limitation period”.

During this period, your solicitor will be developing your claim and seeking settlement on your behalf, this will include:
• Gathering medical records
• Assessing injuries and financial loss
• Instructing medico-legal experts to commission reports addressing your accident related injuries
• Instructing private medical professionals to provide you with treatment
• Seeking settlement and negotiating with Defendants

This is a non-exhaustive list and the process is different for each Claimant. These steps take time and the closer you are to the end of the limitation period the less time you have to organise the claim and address treatment needs.

Exceptions to the rule

If you are making a claim for injury as a result of criminal activity this will proceed through the Criminal Injuries Compensation Authority (CICA) and a two year limitation period applies. A similar two year limitation period applies for accidents whilst travelling on a boat or plane.

If you are making a claim on behalf of a child then the limitation period of three years begins at age 18.

For claims relating to clinical negligence (which you can read more about here) the limitation period begins either at the date of injury or from the date which the Claimant becomes aware that they suffered an injury due to medical negligence.

For industrial disease claims (most commonly asbestos claims) which may have developed over time (and for which there is no specific injury date) then the limitation period may start from the first date that you associated your symptoms with the Defendants breach of duty, this is known as the “Date of Knowledge”.

When should I seek legal advice?

At the earliest available opportunity. The more time your solicitor has to gather evidence for your claim prior to seeking settlement or issuing your claim to the courts, the more likely favourable settlement can be reached.

We are here to help.

At Thatcher + Hallam our personal injury team are experienced in advocating for those who have suffered all manners of accident and injury and are on hand to assist with your claim.
Please contact our team through our legal surgery enquiries page for a free no obligation discussion.